Justice James Omotosho of the Federal High Court Abuja has dismissed a no-case submission filed by Saleh Mamman, former Minister of Power under the administration of late President Muhammadu Buhari.
In a ruling on Thursday, Justice Omotosho held that the Economic and Financial Crimes Commission (EFCC) had been able to establish a case against Mamman.
Justice Omotosho held that the evidence tendered was such that the defendant must proffer some explanations, or put in a defence to the allegation made against him, especially considering the seriousness of the offences.
The judge, however, said that Mamman was still innocent until proven guilty.
The EFCC had brought a 12-count amended charge against the ex-minister as sole defendant.
The commission, in July 2024, arraigned Mamman on alleged money laundering and conspiracy with officials at the ministry and some private companies to “indirectly convert” the sum of ₦33.8 billion meant for the Zungeru and Mambilla Hydro Electric Power projects.
The former minister, however, pleaded not guilty to the charges.
The anti-graft agency, in proving its case, called 17 prosecution witnesses (PWs) and tendered 43 exhibits against the defendant before closing its case.
However, Mamman, through his lawyer, filed a no-case submission on November 19.
The former minister, who formulated one issue for determination, said the prosecution failed to present credible and reliable evidence before the court to sustain a conviction against him or for him to enter his defence.
But EFCC, in its written address dated November 25, said whether in view of the evidence of its PW-1 to PW-17 and the exhibits admitted, it could be said that the prosecution had not made out a prima facie case against the defendant.
Delivering ruling, Justice Omotosho ordered Mamman to open his defence in line with Section 36 of the 1999 Constitution to give explanations on some of the evidence tendered by the EFCC.
Justice Omotosho further restated that holding that a had been established, did not necessarily imply that the court found Mamman guilty of the charge.
He ruled that it was simply to allow the defendant exhaust his options for his defence and to clear every unresolved issue which may weigh on the mind of the court in reaching a final decision.
According to the judge, the right of a defendant to defend himself/herself is a fundamental right provided under Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“Such right cannot be taken from a defendant except where a defendant expressly or by conduct waives same,” the judge said.
Justice Omotosho held that, in criminal trial, a defendant can elect to rest his case on the prosecution’s case, enter his defence or make a no-case submission.
“This defendant, having not waived his right to defend himself either expressly or by conduct and the no-case submission made by him having been overruled, he is hereby called upon to put in his defence to the charge against him.
“In conclusion, the address of counsel, no matter how beautifully constructed, cannot take the place of evidence.
“Based on the fundamental right to fair hearing as contained in Section 36 of the 1999 Constitution which the defendant is entitled to, this court is inclined to give him the opportunity and afford him his fundamental right to fair hearing.
“Consequently, the no-case submission is overruled and the defendant is hereby ordered to enter his defence and make some explanations as to the charge and evidence made by the prosecution,” Justice Omotosho ruled.
Justice James Omotosho subsequently adjourned the matter until February 23, 2026, for him to open his defence.
